Rajasthan High Court - Jaipur
Vinod Kumar Bothra Son Of Late Shri Mal ... vs Kamal Kumar Bothra Son Of Late Shri Nemi ... on 1 September, 2022
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No. 123/2021
Vinod Kumar Bothra Son Of Late Shri Mal Chand Bothra,
----Petitioner
Versus
Kamal Kumar Bothra Son Of Late Shri Nemi Chand Bothra
----Respondent
For Petitioner(s) : Mr. Nitin Jain For Respondent(s) : Mr. Pawan Kumar Sharma
HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 01/09/2022
1. The matter comes up on an application(01/2022) filed under Section 151 CPC for connecting or tagging Civil Writ Petition No.10802/2021(Vinod Kumar Bothra vs Kamal Kumar Bothra & Ors.) with the present matter.
2. It is contended by counsel for the applicant that an arbitrator was appointed by the non-applicant which was challenged by the applicant. Application for termination of the mandate of Arbitrator was dismissed by the Court below against which a writ petition was filed by the applicant bearing CWP No.10802/2021 which is pending before the High Court.
3. Prayer is made by applicant that application be allowed and writ petition be tagged with the present arbitration application.
4. I have considered the contentions.
5. In the present application, applicant has prayed for appointment of an arbitrator and also prayed for termination of mandate of arbitrator who is said to be unilaterally appointed. (Downloaded on 25/12/2022 at 06:41:55 AM)
(2 of 2) [ARBAP-123/2021]
6. Since both the matters are connected, I deem it proper to allow the application(01/2022).
7. Application(01/2022) is accordingly, allowed.
8. Civil Writ Petition No.10802/2021 be listed along with the present matter on 13.10.2022.
9. In the meantime, counsel may file reply to the arbitration application.
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